Cyber Crime

SHRI DHARMASTHALA MANJUNATHESHWARA COLLEGE OF BUSINESS MANAGEMENT POST GRADUATE CENTRE FOR MANAGEMENT STUDIES AND RESEARCH

CYBER CRIME Submitted By: Group 6 Shetty Sharada Jawahar D’souza

Disha Khandige Lohith

Guide : Dr Vidyavathi

Muralidhar Baliga Lakshmikanth

Contents 1.Introduction 2.Types of cyber crime 3.Existing Laws 4.Drawbacks 5.Suggestions 6.Conclusion

1. INTRODUCTION

Information Technology solutions have paved a way to a new world of internet, business networking and e-banking, budding as a solution to reduce costs, change the sophisticated economic affairs to more easier, speedy, efficient, and time saving method of transactions. Internet has emerged as a blessing for the present pace of life but at the same time also resulted in various threats to the consumers and other institutions for which it’s proved to be most beneficial. Various criminals like hackers, crackers have been able to pave their way to interfere with the internet accounts through various techniques like hacking the Domain Name Server (DNS), Internet Provider’s (IP) address, spoofing, phishing, internet phishing etc. and have been successful in gaining “unauthorized access” to the user’s computer system and stolen useful data to gain huge profits from customer’s accounts . Intentional use of information technology by cyber terrorists for producing destructive and harmful effects to tangible and intangible property of others is called “cyber crime”. Cyber crime is clearly an international problem with no national boundaries. Hacking attacks can be launched from any corner of the world without any fear of being traced or prosecuted easily. Cyber terrorist can collapse the economic structure of a country from a place where that country might not have any arrangements like “extradition treaty” to deal with that criminal. The only safeguard would be better technology to combat such technology already evolved and known to the Hackers. But that still has threat of being taken over by the intellect computer criminals.

Though there are many techniques evolved to curb the criminal activities by cyber terrorists but still the problem persists in legal structure and has failed to produce a deterring effect on the criminals. If the suggestions are undertaken in light of conclusion there can be a better co-ordination among various national and international agencies to make the system more efficient, and Information Technology Act 2000 more secured and trustworthy. It can still be held good for the objects it had existed to provide the benefits to the society.

What is CYBER CRIME ? A simple yet sturdy definition of cyber crime would be “unlawful acts wherein the computer is either a tool or a target or both”. Defining cyber crimes, as “acts that are punishable by the information Technology Act” would be unsuitable as the Indian Penal Code also covers many cyber crimes, such as e-mail spoofing, cyber defamation etc.

Cyber Crime can be classified broadly into 3 categories: 1. Cyber crimes against persons. 2. Cyber crimes against property. 3. Cyber crimes against government.

1. Cyber Crime against Persons • Transmission of child-pornography • Trafficking, distribution, posting, and dissemination of obscene material via internet • Virus Transmission • Cyber Harassment

2. Cyber Crime against Property • Computer vandalism • Transmission of harmful program • Destruction of other’s property through internet

3. Cyber Crime against Government • Threaten the international governments • Terrorize the citizen • Growth of Global Terrorism • Cracking on Defense & government sites • Intra-bank transfer of funds for terrorist activities

Who are Cyber Criminals? The cyber criminals constitute of various groups/ category. This division may be justified on the basis of the object that they have in their mind. The following are the category of cyber criminals-

1. Children and adolescents between the age group of 6 – 18 years The simple reason for this type of delinquent behaviour pattern in children is seen mostly due to the inquisitiveness to know and explore the things. Other cognate reason may be to prove themselves to be outstanding amongst other children in their group. Further the reasons may be psychological even. E.g. the Bal Bharati (Delhi) case was the outcome of harassment of the delinquent by his friends.

2. Organised hackers These kinds of hackers are mostly organised together to fulfil certain objective. The reason may be to fulfil their political bias, fundamentalism, etc. The Pakistanis are said to be one of the best quality hackers in the world. They mainly target the Indian government sites with the purpose to fulfil their political objectives. Further the NASA as well as the Microsoft sites is always under attack by the hackers.

3. Professional hackers / crackers Their work is motivated by the colour of money. These kinds of hackers are mostly employed to hack the site of the rivals and get credible, reliable and valuable information. Further they are ven employed to crack the system of the employer basically as a measure to make it safer by detecting the loopholes.

4. Discontented employees This group include those people who have been either sacked by their employer or are dissatisfied with their employer. To avenge they normally hack the system of their employee.

2. Types of cyber crime

1) HACKING Hacking in simple terms means illegal intrusion into a computer system without the permission of the computer owner/user.

2)DENIAL OF SERVICE ATTACK This is an act by the criminal, who floods the bandwidth of the victim’s network or fills his e-mail box with spam mail depriving him of the services he is entitled to access or provide

3)VIRUS DISSEMINATION Malicious software that attaches itself to other software. (virus, worms, Trojan Horse, Time bomb, Logic Bomb, Rabbit and Bacterium are the malicious softwares)

4)SOFTWARE PIRACY • Theft of software through the illegal copying of genuine programs or the counterfeiting and distribution of products intended to pass for the original.. • Retail revenue losses worldwide are ever increasing due to this crime • Can be done in various ways- End user copying, Hard disk loading, Counterfeiting, Illegal downloads from the internet etc..

5) IRC CRIME Internet Relay Chat (IRC) servers have chat rooms in which people from anywhere the world can come together and chat with each other • Criminals use it for meeting coconspirators. • Hackers use it for discussing their exploits / sharing the techniques • Cyber Stalking - In order to harass a woman her telephone number is given to others as if she wants to befriend males

6) CREDIT CARD FRAUD You simply have to type credit card number into www page off the vendor for online transaction If electronic transactions are not secured the credit card numbers can be stolen by the hackers who can misuse this card by impersonating the credit card owner

7) NET EXTORTION Copying the company’s confidential data in order to extort said company for huge amount.

8) PHISHING It is technique of pulling out confidential information from the bank/financial institutional account holders by deceptive means

9) Spoofing Getting one computer on a network to pretend to have the identity off another computer, usually one with special access privileges, so as to obtain access to the other computers on the network.

10) CYBER STALKING The Criminal follows the victim by sending emails, entering the chat rooms frequently.

11) CYBER DEFAMATION The Criminal sends emails containing defamatory matters to all concerned off the victim or post the defamatory matters on a website (disgruntled employee may do this against boss ,ex-boys friend against girl , divorced husband against wife).

12) THREATENING The criminal sends threatening email or comes in contact in chat rooms with victim. (Any one disgruntled may do this against boss, friend or official)

13) SALAMI ATTACK In such crime criminal makes insignificant changes in such a manner that such changes would go unnoticed. Criminal makes such program that deducts small amount like Rs. 2.50 per month from the account of all the customer of the Bank and deposit the same in his account. In this case no account holder will approach the bank for such small amount but criminal gains huge amount.

14) SALE OF NARCOTICS • Salle & Purchase through net.. • There are web site which offer sale and shipment off contrabands drugs.. • They may use the techniques off stenography for hiding the messages..

3. Existing laws

Emergence Of Information Technology Act, 2000. In India, the Information Technology Act 2000 was enacted after the United Nation General Assembly Resolution dated the 30th January, 1997 by adopting the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law. This was the first step towards the Law relating to ecommerce at international level to regulate an alternative form of commerce and to give legal status in the area of e-commerce. It was enacted taking into consideration UNICITRAL model of Law on e- commerce 1996.

Some Noteworthy Provisions under the Information Technology Act, 2000

• Sec.43 Damage to Computer system etc. Compensation for Rupees 1crore. • Sec.66 Hacking (with intent or knowledge) Fine of 2 lakh rupees, and imprisonment for 3 years. • Sec.67 Publication of obscene material in e-form Fine of 1 lakh rupees, and imprisonment of 5years, and double conviction on second offence • Sec.68 Not complying with directions of controller Fine upto 2 lakh and imprisonment of 3 years.

• Sec.70 attempting or securing access to computer Imprisonment upto 10 years. • Sec.72 For breaking confidentiality of the information of computer Fine upto 1 lakh and imprisonment upto 2 years • Sec.73 Publishing false digital signatures, false in certain particulars Fine of 1 lakh or imprisonment of 2 years or both. • Sec.74 Publication of Digital Signatures for fraudulent purpose. Imprisonment for the term of 2 years and fine for 1 lakh rupees.

4. Drawbacks 1.

The hurry in which the legislation was passed, without sufficient public debate, did not really serve the desired purpose.

2. “Cyber laws, in their very preamble and aim, state that they are targeted at aiding e-commerce, and are not meant to regulate cybercrime”.

3. Cyber torts-The recent cases including Cyber stalking cyber harassment, cyber nuisance, and cyber defamation have shown that the I.T.Act 2000 has not dealt with those offences. Further it is also contended that in future new forms of cyber crime will emerge which even need to be taken care of. Therefore India should sign the cyber crime convention. However the I.T.Act 2000 read with the Penal Code is capable of dealing with these felonies.

4. Ambiguity in the definitions The definition of hacking provided in section 66 of the Act is very wide and capable of misapplication. There is every possibility of this section being misapplied and in fact the Delhi court has misapplied it.

5. Uniform law The need of the hour is a worldwide uniform cyber law to combat cyber crime. Cyber crime is a global phenomenon and therefore the initiative to fight it should come from the same level. E.g. the author of the love bug virus was appreciated by his countrymen. 6. Lack of awareness One important reason that the Act of 2000 is not achieving complete success is the lack of awareness among the s about their rights. Further most of the cases are going unreported. If the people are vigilant about their rights the law definitely protects their right. 7. Jurisdiction issues Jurisdiction is also one of the debatable issues in the cases of cyber crime due to the very universal nature of cyber space. With the ever-growing arms of cyber space the territorial concept seems to vanish. New methods of dispute resolution should give way to the conventional methods. The Act of 2000 is very silent on these issues. 8. Raising a cyber army By using the word ‘cyber army’ by no means I want to convey the idea of virtual army, rather I am laying emphasis on the need for a well equipped task force to deal with the new trends of hi tech crime. The government has taken a leap in this direction by constituting cyber crime cells in all metropolitan and other important cities.

9. Hesitation to report offences As stated above one of the fatal drawbacks of the Act has been the cases going unreported. One obvious reason is the non-cooperative police force. most people in India prefer not to report cybercrimes to the law enforcement agencies because they fear it might invite a lot of harassment 10.The law enforcement agencies in the country are not well equipped and Knowledgeable enough about cybercrime. 11.There is a need for dedicated, continuous, updated training of the law enforcement agencies. There is also a lack of dedicated cybercrime courts in the country where expertise in cybercrime can be utilized. Very few cities have cybercrime cells

5. Suggestion • Further the establishment of the Cyber Crime Investigation Cell (CCIC) of the Central Bureau of Investigation (CBI) 11) is definitely a welcome step in this direction. There are many cases in which the C.B.I has achieved success. • To prevent cyber stalking avoid disclosing any information pertaining to oneself. • Always avoid sending any photograph online particularly to strangers and chat friends as there have been incidents of misuse of the photographs. • Always use latest and up to date antivirus software to guard against virus attacks. • Always keep back up volumes so that one may not suffer data loss in case of virus contamination • Never send your credit card number to any site that is not secured, to guard against frauds. • Parental Vigilance • It might prove fatal if cookies are left unguarded • Use of firewalls may be beneficial. • Web servers running public sites must be physically separate protected from internal corporate network.

6. Conclusion It is quite possible to check cyber crime. History is the witness that no legislation has succeeded in totally eliminating crime from the globe. The only possible step is to make people aware of their rights and duties (to report crime as a collective duty towards the society) and further making the application of the laws more stringent to check crime. Undoubtedly the Act is a historical step in the cyber world. Further I all together do not deny that there is a need to bring changes in the Information Technology Act to make it more effective to combat cyber crime. We can conclude with a word of caution for the pro-legislation school that it should be kept in mind that the provisions of the cyber law are not made so stringent that it may retard the growth of the industry and prove to be counter-productive.